Barker Martin

Condo-HOA Blog

Welcome, Annie Layer!

We are thrilled to introduce Annie Layer as the new firm administrator for Barker Martin!  Annie has lived all over North America, but her three years in the Seattle area means she is still a newbie. She adores Seattle and has made many new friends, been on a few marches, and even replaced a hip with titanium! Seattle has so much to offer! 

Annie’s diverse and eclectic experience includes 18 years in the defense and aerospace industries in quality management and program management, mostly at Cape Canaveral and Cocoa Beach in Florida, a long stint at AOL back when the internet first was offered on a large scale to the public, and a number of years contracting and consulting with law firms that were struggling with data and document management processes.  She’s been working with computers and the internet longer than most of us, for sure!

Annie is a fan of neon green – and those alternate Seahawks uniforms – and as our resident hockey fan, she cannot wait for the NHL team to arrive in 2021, hopefully as the Seattle Sockeyes.  Annie also performs stand-up comedy in and around the north Puget Sound area, although she likes to make us laugh in the office, too.

Annie is a wonderful addition to the firm, and will only improve our ability to serve community associations in Washington and Oregon.

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Welcome, Annie Layer!

We are thrilled to introduce Annie Layer as the new firm administrator for Barker Martin! Annie has lived all over North America, but her three years in the Seattle area means she is still a newbie. She adores Seattle and has made many new friends, been on a few marches, and even replaced a hip with titanium! Seattle has so much to offer! read more

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Board Authority

This is going to be a short but important reminder regarding community association authority. An association's authority is almost always strongest when dealing with property owned or maintained by the association. In my opinion, it is vitally important that associations embrace that authority rather attempt to assign or allocate responsibility to others. read more

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Unapproved Tree Work Carries a Risk of Civil Penalties

The Pacific Northwest was built in large part on the back of a booming logging industry. Since those early days, the region is known for dense, wild forest lands and progressive forest management. The States of Washington and Oregon take trees very seriously. You may be aware of state laws that severely punish those who cut down trees without permission on the land of another. For example, ORS 105.810 and RCW 64.12.030 allow for triple damages against someone held liable for "timber trespass." read more

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Don't Get Soaked by Flood Insurance

Last week I argued a case before the 9th Circuit Court of Appeals. My client owns a hotel on the Oregon Coast. Several years ago, a hundred year storm flooded the lowest floor of the hotel. My client participated in the National Flood Insurance Program, which is a FEMA backed flood insurance program. The majority of the claim was denied because the bottom floor of the hotel was deemed to be a "basement." The insurance company also argued that the proof of loss, which was submitted by the insurance company's agent, was not timely. The District Court agreed with the insurance company and held that despite the insurance company's appointed agent taking control of the process, essentially my client should have ignored the insurance company's instructions. read more

TAGS: Insurance, Oregon

Collections Policies

Oregon and Washington state law authorize condominium and homeowners' associations to impose and collect late fees for late payment of assessments. In some cases, the association's declaration may state when an assessment is considered delinquent but often the declaration does not provide the amount of the late fee or how frequently it will be imposed. One way an association may establish the amount of the late fee is for the Board to adopt a collections policy. In addition to stating the amount of the late fee, the collections policy can also provide the interest rate that will be assessed, as well as provide clear, concise procedures for handling delinquent accounts. read more

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